New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-29
nouLD FREE TO GO ABROAD
xo INDICTMENT WILL BE BROUGHT.

80, MARITIME DECIDES TO TAKE NO ACTION JUST
NOW IN THE KANSAS PACIFIC CASE.
,.,her or not Jay Goulds trip to Europe which Is 70
Iii, TO day should be delayed by legal aoueh against
- "a sne OF tho questions which came up pe'ors
,.,;c, Attorney MARITIME yesterday. He had examined
~. complaint made by w. H. Delaney The charges ~erc
-. IN. Grand Jury but action had been taken: no
49,, nont for District Attorney MARITIME to determine
vhsther the statute Of limitation did or dd NOT pro
,.,t the possibility Of an Indictment
The law makes the taking or " withholding OF Prop
, nv trustee under certain circumstances aiareehy'
~. ,.or.act,ons concerning which complaint was made
ca,rst Jay Gould and Russell sage as truseesoi
securities. occurred 10 1879 and the early part OF
,eso The law requires that an Indictment sna'i W
IND except in cases OF homicide. within five years ater
mission of the crime. The lawyer who made the
that the fraud still continued ana tha'
,hs case was therefore, not outlawed
ur Marine debated the problem yesterday morning
49,, hod visit from Alanson g Goodwin of NaAderpoci
Green Cunning Goodwin the counsel for the trustees
ho wanted TO help District Attorney TO decision
favorable TO his clients He went away leaving MI MAI
,ne anil unconvinced and the District Attorney saiu 10
reRrxr reporter: 81 shall probably not reach Il de
.,son until Monday or Tuesday
"Is Mr. Gould going to Europe tomorrow
"He expected to- said Mr.. MARITIME, with twinkle III
,r Ohm, think Mr. Gould had better not sail 10
,norcw and dou't know as he WILL
lis the Grand Jury in session.
The Grand Jury will not meet until Monday This
.orr, however always open, ana our Judges nave Al
pecessary powers they have shown IN other cases
NJ MARITIME went out of his Office for few hours, and
~ hi. r.turn found Mr.. Goodwin again awaiting aim
r1,owxar for the trustees had with him long docu
opt in which were set line of decisions some OF
winch had been already examined by Assistant Dsile
Ausrney Davis Mr.. Goodwin had peeh ooA'ns o'oi MS
document and walking up and down the iooi ""iio WI
Martin. was out Mr.. MARITIME. Mr. Davis and MI Good
han
away auercsllng Mr. Marines attention TO the oe''s
ions mentioned III his pilei' 'o D''" ~
come 10 decision. 49,
..Ws have examined the case he said, "and MI "o"l'
vilsail for Europe tomorrow. Wehave examines" Tie mat
Ter far enough grave doubts whether ANY "oo"
.aton at ni. time would lie We think hat 'he statute
=, ,;,ations begsn 10 run in 1880. The only word
that makes any question the word withholding Inc
persons the charges say that any person WIG
takes and withhods is always liable so long - he does
not restore tic property In other words they uueah'
10 aese that the word withholding the point OF the ac
csation and that 1t never outlaw, that the statut
O; hmitsl never We do not take that view
We lind cases-one in the United states supreme
Court. New York. though not in the Court
Appeals-that hold otherwise than the plaintiffs lawyer
orinon We find in the Court OF Appeals some
what in the same line. We are incuei TO thnK ina
there sufficient reason shown why we should prC
reed However, TO the end that we may he safe.
have this stipulation for Mr.. Goodwin,
VanderpOel. Green. Cunning Goodwin. that II we sha
rome to the conclusion that Mr.. Gould should he II
dcied and If the Grand Jury snail hnd an indctnent
tina, Nh G"dNin VIII vonch absolutely ior Mt. "onio
return soon as lie IL wanted here,
Mr. MARITIME said that the law made homicide and pup
lie nuisance the only eases III Which Bo statute OF lita
tons does not ruu lie was well enough assured ina
the statue would not permit OF any action IN t1e na'el
questions The legality OF the acts OF the trustees
Mr. Gould aud eXJudge Dillon called on May or uswit
Yesterday al the city Hall The Mayor SAID that INT
ysi, was Of a private nature.